Commercial Arbitration in the Arab Middle East: Shari'a, Syria, Lebanon, and Egypt

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Author :
Publisher : Hart Publishing
ISBN 13 : 9781841134444
Total Pages : 507 pages
Book Rating : 4.1/5 (344 download)

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Book Synopsis Commercial Arbitration in the Arab Middle East: Shari'a, Syria, Lebanon, and Egypt by : Samir A. Saleh

Download or read book Commercial Arbitration in the Arab Middle East: Shari'a, Syria, Lebanon, and Egypt written by Samir A. Saleh and published by Hart Publishing. This book was released on 2006-01-01 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this second edition of Samir Saleh's major work on commercial arbitration in the Arab Middle East, the basic format has been maintained, while the author, drawing upon his intimate knowledge of the region and considerable practical experience as an arbitrator, has completely revised and updated the book so that it offers a fully modern account of domestic commercial arbitration practice, with an international dimension, under the sharia and in Syria, Lebanon and Egypt. The first part of the book, dealing with sharia, continues to draw on the four major sources of sharia, with illustrations taken from the four main Sunni schools that have influenced its development. This part underpins all the remaining chapters which deal in turn with different national systems, building on the discussion by reference to local statutes, judicial precedents and commentaries. Detailed analysis of law and practice is supported by extensive footnoting, guidance on further reading, and insights into the prevailing business practices within each country. For practising lawyers and arbitrators a feature which will be particularly welcome is the inclusion of up-to-date discussion of practice and procedure for the execution and enforcement of domestic and foreign awards, and the legal pitfalls awaiting the unwary. The new edition has also been considerably amplified to include international aspects of arbitration as reflected in judicial decisions and academic commentary in each territory.

Commercial Arbitration in the Arab Middle East: Jordan, Kuwait, Bahrain, Saudi Arabia

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Author :
Publisher :
ISBN 13 : 9781907229138
Total Pages : 492 pages
Book Rating : 4.2/5 (291 download)

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Book Synopsis Commercial Arbitration in the Arab Middle East: Jordan, Kuwait, Bahrain, Saudi Arabia by : Samir Saleh

Download or read book Commercial Arbitration in the Arab Middle East: Jordan, Kuwait, Bahrain, Saudi Arabia written by Samir Saleh and published by . This book was released on 2012 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Samir Saleh's Commercial Arbitration in the Arab Middle East, first published in 1984, became established as the most comprehensive treatment of the law in this field. His next book on the subject, published in 2006, covered the Shar'a, Lebanon, Syria, and Egypt. Saleh's new volume, covering Jordan, Kuwait, Bahrain and Saudi Arabia, follows the same basic structure as the earlier volumes, analysing the national arbitration systems of the four countries by reference to statutes, judicial decisions and comentaries. The author also discusses international aspects including the applicable bilateral treaties and international conventions. Detailed discussion of the law and its practice is supported by extensive footnotes, and by the author's own translations into English of the applicable current laws and regulations.

Arbitration and International Trade in the Arab Countries

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Author :
Publisher : BRILL
ISBN 13 : 9004357483
Total Pages : 1340 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Arbitration and International Trade in the Arab Countries by : Nathalie Najjar

Download or read book Arbitration and International Trade in the Arab Countries written by Nathalie Najjar and published by BRILL. This book was released on 2017-10-30 with total page 1340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration and International Trade in the Arab Countries examines international trade arbitration in the MENA region and analyses legal sources, decisions and practices through the prism of freedom and safety requirements. The work is an essential guide to the body of arbitration law at both the practical and theoretical levels.

International Investment Arbitration

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Publisher : Routledge
ISBN 13 : 1317114078
Total Pages : 240 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis International Investment Arbitration by : Mohamed A.M. Ismail

Download or read book International Investment Arbitration written by Mohamed A.M. Ismail and published by Routledge. This book was released on 2016-04-22 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration is the most common mechanism for disputes' settlement in developing countries. Following the move to free market economies, arbitration will play an increasingly fundamental role in order to protect foreign investors in the Middle East and North African Region (MENA). This book examines the pulse and dynamics of international investment arbitration and the new era of mediation in state contracts in the region. The author explores the harmonization of international arbitration and the sensitive issue of le Contrat Administratif in Middle East civil law countries. The volume also discusses the pivotal role of international organizations such as UNCTAD and ICSID in codifying fair and prompt mechanisms for dispute settlement. Using Latin American countries as a prime example of how international legislative instruments serve international investment law principles and comparing Latin American experiences where appropriate, the book demonstrates how lessons can be learned in respect of alternative dispute resolution, international commercial arbitration and investor-states arbitration. It provides suggestions and recommendations for the future and includes useful appendices detailing recent worldwide trends, regional and international instruments in the arbitration world.

Islamic Law and International Commercial Arbitration

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Author :
Publisher : Routledge
ISBN 13 : 042988821X
Total Pages : 290 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Islamic Law and International Commercial Arbitration by : Maria Bhatti

Download or read book Islamic Law and International Commercial Arbitration written by Maria Bhatti and published by Routledge. This book was released on 2018-09-27 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the intersection between contemporary International Commercial Arbitration and Shari?a law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Shari?a, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author extensively analyses the prohibition against interest (riba) and uncertainty (gharar) under Shari?a and its impact on arbitration agreements, arbitral awards and public policy. The book also explores the prohibition against riba in light of international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods. Case studies in the book include the Asian International Arbitration Centre, formerly the Kuala Lumpur Regional Centre for Arbitration, and the International Islamic Centre for Reconciliation and Arbitration, as well as the ‘Shari’a Standards’ developed by the Accounting and Auditing Organization for Islamic Financial Institutions. The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.

Mixed Legal Systems, East and West

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Publisher : Routledge
ISBN 13 : 1317095375
Total Pages : 478 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Mixed Legal Systems, East and West by : Vernon Valentine Palmer

Download or read book Mixed Legal Systems, East and West written by Vernon Valentine Palmer and published by Routledge. This book was released on 2016-07-22 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world’s legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. With contributions from leading experts in their fields, the book takes us far beyond the usual focus of comparative law with analysis of a broad range of countries, including relatively neglected and under-researched areas. The discussion is situated within the broader context of the ongoing development and evolution of mixed legal systems against the continuing tides of globalization on the one hand, and on the other hand the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries, and the increasing focus on traditional and customary norms of governance in post-colonial contexts. This book will be an invaluable source for students and researchers working in the areas of comparative law, legal pluralism, the evolution of mixed legal systems, and the impact of colonialism on contemporary legal systems. It will also be an important resource for policy-makers and analysts.

Arbitration with the Arab Countries

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131701
Total Pages : 1258 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Arbitration with the Arab Countries by : ?Abd al-?am?d A?dab

Download or read book Arbitration with the Arab Countries written by ?Abd al-?am?d A?dab and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 1258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is intended to provide lawyers and businesses with an overview of the legal systems and processes in relation to arbitration in all the Arab jurisdictions in the Middle East and North Africa: Algeria, Bahrain, Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Qatar, Saudi Arabia, Sudan, Syria, Tunisia, United Arab Emirates, Yemen, In addition, there will be a chapter on Muslim arbitration law (Shari'a), the Amman Arab Convention on Commercial Arbitration (1987) and the Riyad Arab Convention on Judicial Cooperation (1983). The new edition will be completely revised, updated, and expanded, providing commentary, an overview of case law, and translations of the relevant statutes. Each chapter will follow the same outline to ensure that they are as consistent and comparative as possible and will cover (but not be limited to) issues such as: the legal and judicial system, the agreement to arbitrate, the arbitrators, the proceedings, arbitral awards, the enforcement of the award, and the means of recourse.

Syria

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Author :
Publisher : ABC-CLIO
ISBN 13 :
Total Pages : 398 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Syria by : Ian J. Seccombe

Download or read book Syria written by Ian J. Seccombe and published by ABC-CLIO. This book was released on 1987 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Working in the Middle East

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Author :
Publisher : Bloomsbury Publishing USA
ISBN 13 : 1440849730
Total Pages : 198 pages
Book Rating : 4.4/5 (48 download)

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Book Synopsis Working in the Middle East by : Amanda M. Riggs

Download or read book Working in the Middle East written by Amanda M. Riggs and published by Bloomsbury Publishing USA. This book was released on 2016-07-18 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting the firsthand account of an American woman working several jobs in Egypt over a four-year period, this book analyzes the cross-cultural business environment between the United States and the Middle East and North Africa. It provides recommendations to enable anyone—male or female—to successfully navigate commercial activities in the region. As the American workforce evolves and more women seek leadership roles in business, a growing number of women—and men—are seeking international business experiences to advance their careers and set themselves apart from their competition. Conducting business in the Middle East and North Africa (MENA region) requires an in-depth understanding of the Arab mindset and cultural standards of that region. Authored by one of few women who have pioneered working in the region, this book delves deeply into business culture in the Middle East and North Africa and addresses how women in particular can be successful, especially Western women whose business culture is different, offering insights that will help deepen one's ability to function in business across the MENA region as well as throughout the world. Readers will learn the truth about living in the Middle East and North Africa and what a Western woman will likely face, from cultural customs, business practices, and socio-economic challenges that exist in these emerging markets to the realities of potential sexual harassment to the lack of rule of law. The book describes aspects of the crosscultural experience, such as the importance of the collectivist mentality in the office and the role of maintaining one's honor not only in business relationships but also in MENA culture in general. It also explains the four main elements of international business negotiations and identifies the reasons that more American women should consider working internationally, particularly in the Middle East and North Africa, but also in other collectivist cultures, namely in Asia, Africa, and Latin America. The author illustrates the unique cultural context in the Middle East and North Africa for Westerners and supplies a breadth of recommendations and insights that will serve anyone—male or female—seeking to successfully navigate business in the region.

The Investor-State Dispute Settlement System

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403518103
Total Pages : 441 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Investor-State Dispute Settlement System by : Alan M. Anderson

Download or read book The Investor-State Dispute Settlement System written by Alan M. Anderson and published by Kluwer Law International B.V.. This book was released on 2020-11-27 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investor-State disputes are increasing and damage awards are often significant. It is thus no surprise that the investor-State dispute settlement (ISDS) system has come under scrutiny. Perceptions have arisen that ISDS is inconsistent, lacks transparency, and is simply unfair. This book delves into the ongoing worldwide debate and discussions regarding the ISDS system. Drawing contributors from around the world, the authors provide insights on critical topics and address the key question facing the ISDS system and the international community it serves: Should the present ISDS system be reformed, replaced, or simply remain as is? The contributors represent points of view ranging from academia to practice to governmental entities, addressing such topics as: the possible consequences of wholesale replacement or elimination of the current ISDS system; mediation as an alternative to resolve ISDS disputes; the creation of a multinational investment court or appellate review mechanism; lack of an early dismissal mechanism to eliminate meritless claims; issues regarding arbitrators, including their appointment and ethical obligations; how investors may retain their right to pursue claims for violations of investment protection following termination of an agreement; a State’s right to assert a counterclaim against an investor-claimant; the role of ISDS in promoting and protecting renewable energy production; the liability of State-controlled entities; the effects and implications of third-party funding; the duty to mitigate damages in the light of excessive damages awards; and improvements and issues relating to post-award enforcement, duration, and cost of ISDS. This book considers the ongoing deliberations and reform measures proposed by UNCITRAL’s Working Group III and provides insights into how several geographic regions and economic cooperation areas have sought to address the question of reform of the ISDS system, including the European Union, the Middle East, and the new United States-Mexico-Canada Agreement. With its much-needed and deeply informed balancing of investor and State rights and duties, this book will be welcomed by all who practise in the ISDS field, including arbitrators, State governments and non-governmental organizations, regional economic organizations, and international investors.

Enforcement of International Arbitration Awards

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Publisher :
ISBN 13 : 9781874698975
Total Pages : 288 pages
Book Rating : 4.6/5 (989 download)

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Book Synopsis Enforcement of International Arbitration Awards by : Domenico Di Pietro

Download or read book Enforcement of International Arbitration Awards written by Domenico Di Pietro and published by . This book was released on 2001-01-01 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Law in the Middle East

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Author :
Publisher : Routledge
ISBN 13 : 1351926772
Total Pages : 656 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis International Law in the Middle East by : Jean Allain

Download or read book International Law in the Middle East written by Jean Allain and published by Routledge. This book was released on 2017-10-24 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining international law through the lens of the Middle East, this insightful study demonstrates the qualitatively different manner in which international law is applied in this region of the world. Law is intended to produce a just society, but as it is ultimately a social construct that has travelled through a political process, it cannot be divorced from its relationship to power. The study demonstrates that this understanding shapes the notion, strongly held in the Middle East, that law is little more than a tool of the powerful, used for coercion and oppression. The author considers a number of formative events to demonstrate how the Middle East has become an underclass of the international system wherein law is applied and interpreted selectively, used coercively and, in noticeable situations, simply disregarded. International Law in the Middle East brings various narratives of history to the fore to create a wider arena in which international law can be considered and critiqued.

Commercial Law in the Middle East

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Author :
Publisher : Springer
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Commercial Law in the Middle East by : Hilary Ruttley

Download or read book Commercial Law in the Middle East written by Hilary Ruttley and published by Springer. This book was released on 1995-07-04 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an instructive and stimulating contribution to a subject, the importance of which is becoming increasingly appreciated.

Hybrid Actors

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Publisher : Century Foundation Press
ISBN 13 : 9780870785597
Total Pages : 192 pages
Book Rating : 4.7/5 (855 download)

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Book Synopsis Hybrid Actors by : Thanassis Cambanis

Download or read book Hybrid Actors written by Thanassis Cambanis and published by Century Foundation Press. This book was released on 2019-11-26 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Influential armed groups continue to confound policymakers, diplomats, and analysts decades after their transformational arrival on the scene in the Middle East and North Africa. The most effective of these militias can most usefully be understood as hybrid actors, which simultaneously work through, with, and against the state. This joint report from The Century Foundation identifies the factors that make some hybrid actors persistent and successful, as measured by longevity, influence, and ability to project power militarily as well as politically. It finds that three factors correlate most closely with impact: constituent loyalty, resilient state relationships, and coherent ideology. The authors of this report examined cases in Lebanon, Syria, and Iraq, drawing on years of fieldwork, to distinguish hybrid actors, classic nonstate proxies, and aspirants to statehood--all of which merit different analytical and policy treatment. The report demonstrates the ways that groups can shift along a spectrum as they adapt to changing conditions.

Land, Law and Islam

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Author :
Publisher : Zed Books Ltd.
ISBN 13 : 1848137206
Total Pages : 270 pages
Book Rating : 4.8/5 (481 download)

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Book Synopsis Land, Law and Islam by : Hilary Lim

Download or read book Land, Law and Islam written by Hilary Lim and published by Zed Books Ltd.. This book was released on 2013-07-18 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.

After the Arab Spring

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Author :
Publisher : St. Martin's Press
ISBN 13 : 0230393667
Total Pages : 256 pages
Book Rating : 4.2/5 (33 download)

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Book Synopsis After the Arab Spring by : John R. Bradley

Download or read book After the Arab Spring written by John R. Bradley and published by St. Martin's Press. This book was released on 2012-01-03 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the author of the book that uniquely predicted the Egyptian revolution, a new message about the Middle East: everything we're told about the Arab Spring is wrong. When popular revolutions erupted in Tunisia and Egypt, the West assumed that democracy and pluralism would triumph. Greatly praised author and foreign correspondent John R. Bradley draws on his extensive firsthand knowledge of the region's cultures and societies to show how Islamists will fill the power vacuum in the wake of the revolutions. This vivid and timely book gives an original analysis of the new Tunisia, Egypt, Syria, Yemen, Libya, and Bahrain by highlighting the dramatic spread of Saudi-funded Wahhabi ideology, inter-tribal rivalries, and Sunni-Shia divisions. Bradley gives a boots on the ground look at how the revolutions were first ignited and the major players behind them, and shows how the local population participated in and responded to the uprisings. In Tunisia he witnesses secularists under violent attack and in Egypt observes radical Islamists taking control of the streets. He illuminates the ancient sectarian strife shaking Bahrain, fierce civil war pitching tribe against tribe in Libya and Yemen, and ethnic divisions threatening to tear apart Syria and Iran. Taking it one step further, Bradley offers a comprehensive look at how across countries, liberal, progressive voices that first rallied the Arab masses were drowned out by the slogans of the better-organized and more popular radical Islamists. With the in-depth knowledge of a local and the keen perspective of a seasoned reporter, After the Arab Spring offers a piercing analysis of what the empowerment of Islamism bodes for the future of the Middle East and the impact on the West.

The Fall of the Priests and the Rise of the Lawyers

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509905553
Total Pages : 240 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Fall of the Priests and the Rise of the Lawyers by : Philip Wood

Download or read book The Fall of the Priests and the Rise of the Lawyers written by Philip Wood and published by Bloomsbury Publishing. This book was released on 2016-04-21 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fast-paced, inspiring and original work proposes that, if religions fade, then secular law provides a much more comprehensive moral regime to govern our lives. Backed by potent and haunting images, it argues that the rule of law is the one universal framework that everyone believes in and that the law is now the most important ideology we have for our survival. The author explores the decline of religions and the huge growth of law and makes predictions for the future of law and lawyers. The book maintains that even though societies may decide they can do without religions, they cannot do without law. The book helpfully summarises both the teachings of all the main religions and the central tenets of the law – governing everything from human relationships to money, banks and corporations. It shows that, without these legal constructs, some of them arcane, our societies would grind to a halt. These innovative summaries make complex ideas seem simple and provide the keys to understanding both the law and religion globally. The book will appeal to both lawyers and the general reader. The book concludes with the author's personal code for a modern way of living to promote the survival of humankind into the future. Vividly written by one of the most important lawyers of our generation, this magisterial and exciting work offers a powerful vision of the role of law in centuries to come and its impact on how we stay alive.